Beating a Michigan DUI Charge
You have no chance to beat a Michigan DUI charge unless you search for a way out of it. That means looking hard, and examining all the evidence carefully. Drunk driving cases don't dismiss themselves, nor do prosecutors or Judges, unless they have no other choice. Moreover, no one, from the police officer that made the arrest, to the Judge or the prosecutor assigned to the case, cares how much you "can't have" a DUI on your record, or how disastrous its will be for you. To get "out" of a drunk driving charge, you're going to have to force someone's hand. As a Detroit DUI lawyer, that means looking for and finding something wrong with the evidence.
Two of the best places to find something helpful are the traffic stop and the breath or blood tests. In order to successfully challenge a traffic stop, one has to know the law, and how courts interpret it. I do. First, I will obtain and review the police report and other relevant evidence, like the police car dash cam video. Not surprisingly, the way the case is written up by the police will always "justify" the arrest, so it’s my job to critically examine everything. You can be sure the officer isn’t going to say he or she pulled you over for no reason. This makes it all the more important for me to investigate thoroughly, and get a copy of that police in-car video to establish what really happened.
To challenge a breath or blood test, you have to know the underlying science, and how anything, like a health situation (hypoglycemia, for example), can affect the results. In addition, being a Detroit-area DUI attorney means knowing how the many local Judges here in Macomb, Oakland and Wayne Counties interpret that science. This is an important part of what separates a local DWI attorney, like me, from some other lawyer who just "does" drinking and driving cases as part of a larger practice.
I could write endlessly about what could, might or should be, but anyone facing a DUI is far better served by focusing on how things are in the “real world,"where your case will be decided. Often enough, I discover something about which my Client is completely unaware that can be used to knock out or at least bargain down a DUI. Rarely do the police make a mistake so catastrophic or obvious that even the person arrested knows the case won’t stand up in court. Instead, it takes a careful review of all of the evidence to find those things that can be used leverage your way out of a drunk driving charge. Although most DUI cases don’t get thrown out of court, we will very often find something that can at least help get your charge reduced through plea bargain negotiations.
The real point here is that in order to have any chance of getting your DWI charge dismissed, we first have to look, and know what we're looking for. I know my way around these issues because it's what I do each and every day. Even in cases where things might first appear beyond dispute, or otherwise hopeless, there are all kinds of things that can be done to get a DUI charge (usually written up as "OWI" or "Operating While Intoxicated") dismissed, or substantially reduced.
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